05/08/2011

Over the years I have been questioning the legal existence of AWINZ , I found it incredible that the so called CEO of this non existent law enforcement authority was one and the same person as the manager of dog and stock control Waitakere city council.

I have this week established that the Waitakere city dog and stock control unit run a programme for the adoption of cats.

Under the official information act please advise

1. Under which act and section this “service “ is facilitated.reply

From previous correspondence with Waitakere City Council you will be aware that prior to 30 June 2003 the council’s animal activities were undertaken in accordance with specific legal advice from Matthew Casey, which have previously been provided to you and that since 1 July 2003 the council has had powers of general competence under section 12(2) of the Local Government Act 2002 (2).

12 Status and powers

(1) A local authority is a body corporate with perpetual succession.

(2) For the purposes of performing its role, a local authority has—

(a) full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and

(b) for the purposes of paragraph (a), full rights, powers, and privileges.

2. What consideration has been given to this function being Ultra Vires for council reply See above

3. How is the cattery funded reply The cattery is funded by both rates and by revenue from adoption fees.

Approximately 60% from rates and 40% from revenue. Some of the labour contribution is on a voluntary basis

4. Who pays the staff looking after the cats. reply The council

I have also Linked a newspaper item and raise questions with regards to the prosecutions undertaken by the council under the animal welfare act

What funds did the council ( Waitakere ) receive for prosecutions under the animal welfare act – reply None

How many prosecutions were there – reply None

Under which act and section was the council able to prosecute. –reply Not applicable

How did the animal welfare unit obtain the delegated authority – reply Not applicable

When did the animal welfare unit apply to council to act outside the scope of their local government duty and when was it passed though council. – reply Not applicable

additional comment from council From your correspondence with Waitakere City Council, and Ministry of Agriculture and Fisheries, over the years you will be aware that Waitakere City Council was never authorised by MAF to undertake prosecutions under the Animal Welfare Act The statement to the contrary in the press release referred to in your email was wrong.

The question just has to be how can a press release from the council be so wrong???